Slavery

10.1163/ej.9789004203969.i-452.78

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Chapter Summary

Slavery is one of the oldest institutions practised by almost all nations of the world. Many bilateral and multilateral agreements were ratified by states from the period 1890-1936. Nonetheless, none of these agreements was effective for the international abolition and criminalization of the institution of slavery. According to the legal, social, economic and political philosophy of Islamic international criminal law mankind is equal in all social phenomena. Islamic jurisdiction therefore prohibits any type of action degrading a person to the statute of slavery. Therefore, slavery is 'unlawful' under Islamic law. The principles of Islamic international criminal law regarding the institution of slavery have the character of the methods used in the treatment of criminal behaviour in the science of criminology. The abolition and criminalization of all types of slavery is a fact and reality in Islamic international criminal law which cannot be denied by any juridical, theological or philosophical argument.